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Reso 0505-12/1978 Part of Bellford Village Water District lying within San Marcos Co. Water District All that portion of Sections 19, 20, 29 and 30, Township 12 South, Range 3 West, and of Section 25, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to U.S. Government Survey approved September 17, 1889 and October 25, 1875, described as follows: Beginning at the Southeast corner of said Section 29, Township 12 South, Range 3 West also being point "A"; 1. Thence Northerly along the Easterly line of said Section 29 to the Northeast corner of the Southeast quarter of-the Southeast quarter; 2. Thence Westerly along the Northerly line of said Southeast quarter of the Southeast quarter to the Southeast corner of the Northwest quarter of the Southeast quarter; 3.. Thence Northerly along the Easterly line of said Northwest quarter of the Southeast quarter, and along the Easterly line of the West half of the Northeast quarter to the Northerly line of said Section 29; 4. Thence Westerly along the Northerly line of said Section 29 to the Northwesterly corner thereof; 5.. Thence Northerly along the Westerl'y line of Section 20, Township 12 South, Range 3 West to the Southwest corner of the North half of the Southwest quarter; 6. Thence Easterly along the Southerly line of said North half of the Southwest quarter to the Southeasterly corner thereof; 7. Thence Northerly along the Easterly line of said North half of the Southwest quarter to the Northeasterly corner thereof; 8.. Thence Westerly along the Northerly line-of the said Southwest quarter to the Southeast corner of the. Southwest quarter of the Northwest quarter; EXHIBIT APR 2 5 1979 9. 9. Thence Northerly along the Easterly line 'of the Southwest quarter of the Northwest quarter to the Northeasterly corner thereof; 10. Thence Westerly along the Northerly line of said Southwest - quarter of the Northwest quarter to the Northwesterly corner thereof; 11. Thence Southerly along the Westerly line of the Southwest quarter of the Northwest quarter to the Southwesterly corner thereof; 12. Thence Westerly along the Northerly line of the Northeast quarter of the Southeast quarter of said Section 19 'to the Northwesterly corner thereof; 13. Thence Southerly along the Westerly line of the Northeast quarter of the Southeast quarter to the Southwesterly corner thereof; 14. Thence Westerly along the Northerly line of the South half of the Southeast quarter and the South half of the Southwest quarter to the Westerly line of said Section 19; 15. Thence Southerly along the Westerly line of said Section 19 to the SouthwesterLy corner thereof, being also the North- easterly corner of Section 25, Township 12 South, Range 4 West S.B.B. & M. and the True Point of Beginning; 16. Thence retrace to said point "A"; 17. Thence Westerly along the Southerly line of Section 29, Township 12 South, Range 3 West, to the Easterly line of the Southeast quarter of the Southwest quarter thereof; 18. Thence Northerly along said line to the Northerly line of said quarter - quarter; 19.- Thence Westerly along said Northerly line to the Easterly line of the Northwest quarter of the Southwest quarter of said Section 29; 20. Thence Northerly along said Easterly line to the East and West center line of said Section 29; EXHIBIT ~ . APR 2 S lg79 g 21. Thence Westerly along said line and along the East and West center line of Section 30, said Township and Range, to the Easterly line of the .Southwest quarter of the Northeast quarter .of said Section 30; 22. Thence Northerly along said Easterly line to the Northerly _ line of the South half of the North half of said Section 30; 23. Thence Westerly along said Northerly line to a point on the Northerly line of Lot 2 distant North 89°45'22'' East, . 1590.53 feet from the Northwest corner thereof in said- Section 30; 24. Thence South 20°55'30'' West, 1398.53 feet; 25. Thence North 69°04'30'' West, 42 feet to the beginning of a tangent 1330 foot radius curve. concave Northeasterly, a radial line to said point bears South 20o55'30'' West; '26. Thence Northwesterly along the arc of said curve through a central angle of 40°29'30'' a distance of 939.93 feet; 27. Thence North 28o35' West, 359.59 feet; .28. Thence South-61°25' West, 141.60 feet to the beginning of a tangent 500 foot radius curve concave Northwesterly; 29. Thence Westerly along the arc of said curve through a central. angle of 6o04'22'' a distance of 53 feet; 30. Thence North 21°16' West to an intersection with the Easterly line of Section 25, Township 12 South, Range 4 West, S.B.B. & M.; 31. Thence continuing North 21°16' West, 142.54 feet; 32. Thence North 24o00' West, 363.62 feet; 33. Thence North 17°50'30'' West, 286."04 feet; 34.' Thence North 0°10'47'' East, 36.81 feet;' 35. Thence North 17°50'30'' West, 120 feet; 36. Thence North 72°09'30'' East, 145 feet; EXHIBIT I979 g 37. Thence North 17°50'30" West, 212.50 feet; 38. Thence South 72°09'30'' West, !39~00 feet; 39.. Thence North 17°50'30'' West, 223.33 feet; 40. Thence North 0°22'13'' East, 276.07 feet; 41. Thence South 89°37'47'' East, 140 feet; 42. Thence North 0°22'13" East, 160 feet to the Northerly line of said Section 25; 43. Thence along said line South 89°37'47'' East,' 335 feet to the True Point of Beginning. APR 2 5 1979 Bellford Village Water District All that portion of Sections 19, 20, 29 and 30, Township 12 South, Range 3 West; and of Sections 25 and 36, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to U.S. Government Survey approved September 17, 1889 and October 25, 1875, described as follows: Beginning at the Southeast corner of said Section 29,'Township 12 South, Range 3 West also being point "A"; 1. Thence Northerly along the Easterly line of said Section 29 to the Northeast corner of the Southeast quarter of the Southeast quarter; 2. Thence Westerly along the Northerly line of said Southeast quarter of the Southeast quarter to the Southeast corner of the Northwest quarter of the Southeast Quarter; 3. Thence Northerly along the Easterly line of said Northwest ~ quarter of the Southeast quarter, and along the Easterly line of the West half of the Northeast quarter to the Northerly ~ line of said'Section 29; 4. Thence Westerly along the Northerly line of said Section 29 to the Northwesterly corner thereof; 5. Thence Northerly along the Westerly line of Section 20, Township 12 South, Range 3 West to the Southwest corner of the North half of the Southwest quarter; 6. Thence Easterly along the Southerly line of said North half of the Southwest quarter to the Southeasterly corner thereof; 7. Thence Northerly along the Easterly line of said North half of the Southwest quarter to the Northeasterly corner thereof; ' 8. Thence Westerly along the Northerly line of the said Southwest quarter to the Southeast corner of the Southwest quarter of the Northwest quarter; EXHIBIT A 9. Thence Northerly along the Easterly line of the Southwest quarter of the Northwest ~ua~ter to the Northeasterly corner thereof; 10. Thence Westerly along the Northerly line of said Southwest quarter of the Northwest quarter to the Northwesterly corner thereof; 11. Thence Southerly along the Westerly line of the Southwest quarter Of the Northwest quarter to the Southwesterly corner thereof; 12. Thence Westerly along the Northerly line of the Northeast quarter of the Southeast quarter of said Section 19 to the Northwesterly corner thereof; 13. Thence Southerly along the Westerly line of the Northeast quarter of the Southeast quarter to the Southwesterly corner thereof; 14. Thence Westerly along the Northerly line of the South half of the Southeast quarter and the South half of the Southwest quarter to the Westerly line of said Section 19; 15. Thence Southerly along the Westerly line of said Section 19 to the Southwesterly corner thereof, being also the Northeasterly corner of the Northeasterly quarter of Section 25, Township 12 South, R~ge 4 West; -16. Thence Westerly along the Northerly line of said Northeast quarter to the Northwesterly corner thereof; 17. Thence Southerly along the Westerly line of said Northeast quarter to the Southwesterly corner thereof being the center of said Section 25 and the True Point of Beginning; 18. Thence retrace to said point "A"; 19. Thence Westerly along the Southerly line of Section 29, Township 12 South, Range 3 West, to the Easterly line of the Southeast quarter of the Southwest quarter thereof; 20. Thence Northerly along said line to the Northerly line of said quarter - quarter; EXHIB%T A 21. Thence Westerly along said Northerly line to the Easterly line of the Northwest quarter of the Southwest quarter of said Section 29; 22. Thence Northerly along said Easterly line to the East and West center line of said Section 29; 23. Thence Westerly along said line and along the East and West center line of Section 30, said Township and Range, to the Easterly line of the Southwest quarter of the Northeast quarter of said Section 30; 24. Thence Northerly along said Easterly line to the Northerly line of the South half of the North half of said Section 30; 25. Thence Westerly along said Northerly line to a point on the Northerly line of Lot 2 distant North 89o45'22'' East, 1590.53 feet from the Northwest corner thereof in said Section 30; 26. Thence leaving said North line, South 20o55'30'' West, a distance of 1473.53 feet to the beginning of a tangent 500 foot radius curve concave Westerly; 27. Thence Southerly along the arc of said curve through a central angle of 2o28'03'' a distance of 21.53 feet; 28. Thence South 23o23'33'' West, a distance of 257.18 feet to the beginning of a tangent 500 foot radius curve concave Easterly; 29. Thence Southerly along the arc of said curve through a central angle of 2o28'03'' a distance of 21.53 feet; 30. Thence South 20o55'30'' West, 1279.92 feet to the beginning of a tangent 1030 foot radius curve concave Northwesterly; 31. Thence Southwesterly along the arc of said curve through a central angle of 12o09'20'' a distance of 218.52 feet to a point through which a radial line bears South 56°55'10'' East, said point being also on the Northerly right of way line of that certain 200 foot strip of land conveyed to the San Diego Gas and Electric Co. by Deed recorded May 12, 1954 as Document No. 62394 in Book 5235, page 130 of Offical Records of said County; EXHIBIT A 32. Thence along said Northerly line North 64°13'44'' West, 479.94 feet to an intersection with the Easterly line of Section 25, Township 12 Bouth, Range 4 West, S.B.B. and M; 33. Thence Sbutherly along said Easterly line and along the Easterly line of Section 36 of said Township and Range to the Southerly line of the North half of the Northeast quarter of Section 36; 34. Thence Westerly along said line to the North and South center line of said Section 36; 35. Thence Northerly along said line to the Northerly line of said Section 36; 36. Thence Easterly along said Northerly line to Easterly line of the West half of the Southeast quarter of said Section 25; 37. Thence Northerly along said Easterly line to a point distant South 0°48'09'' West, 877.51 feet from the Northeast corner of said West half of the Southeast quarter being also a point on the Northerly right of way line of said 200 foot strip of land conveyed to San Diego Gas and Electric Co.; 38. Thence along'said Northerly line, North 64°13'44'' West 71.28 feet; 39. Thence North 60°37'21'' West, 513.45 feet to the Southeasterly line of parcel 1 in Deed to San Diego Gas and Electric Co. recorded September 11, 1968, File/page 156163, records of said County; 40. Thence leaving said Northerly right of way line and along the boundary of said parcel 1 North 29°22'39'' East (Record North 29°23'39'' East) 345 feet; 41. Thence continuing along the boundary of said parcel 1, North 60°37'21" West (record North 60°36'27'' West), 265 feet; 42. Thence South 29°22'39'' West (record South 29°23'33'' West), 135.63 feet to the Northeast corner of parcel 2 of said Deed recorded September 11, 1968; EXHIBIT A 43. Thence North 60°37'21'' West (record North 60°36'27'' West) along the Northeasterly ~ine of said parcel 2 and along the Northeasterly line of land conveyed to Carlsbad Municipal Water District by Deed recorded May 8, 1968, File/page 76854, a. distance of 297.75 feet to the Easterly line of Alga Road as shown on La Costa Meadows Unit No. 1, according to Map thereof No. 6800 filed in the County Recorder's Office of said County; 44. Thence South 33°58'33" West, 1.60 feet to the beginning of a tangent 1051 foot radius curve concave NorthWesterly; 45. Thence Southwesterly along the arc of said curve through a central angle of 11°32'03'' a distance of 211.58 feet to an intersection with the Northeasterly line of the aforesaid 200 foot strip of land deeded to San Diego Gas and Electric Co.; 46. Thence along said line, North 60°37'21'' West, 656.31 feet to an intersection with the Northerly fine of the Northeast quarter of the Southwest quarter of said Section 25; 47. Thence along said Northerly line, South 89°13'54'' East, 305.60 feet to the True Point of Beginning. EXHIBIT A RESOLUTION NO. 505 EXHIBIT "A" Terms and Conditions for the Dissolution of Bellford Village Water District 1. The effective date of the dissolution shall be the date of the recorda- tion of the Executive Officer's Certificate of Completion with the County Recorder (G.C. ~656454 & 56455). 1. Upon and after the effective date: (a) Bellford Village Water District, the boundaries of which are described in Exhibit "A" attached hereto, shall be dissolved, terminated, disincorporated and extinguished, its existence shall be terminated and all of its corporated powers shall cease. (b) The office of the Board of Directors of Bellford Village Water District shall be terminated. 3. Upon the effective date of said dissolution, San Marcos County Water District shall be the successor to Bellford Village Water District for the purposes of succeeding to and becoming responsible for all rights, duties, liabilities and obligations of Bellford Village Water District with respect to enforcement, performance and payment of all contracts and other obligations of Bellford Village Water District. 4. Upon the effective date of said dissolution, San Marcos County Water District shall succeed to the title of and shall acquire any and all monies, funds (including cash on hand and monies due but uncollected) and all other obligations due Bellford Village Water District. 5. Upon the effective date of said dissolution, San Marcos County Water District shall succeed to the title of and shall acquire any and all properties, real or personal, of Bellford Village Water District. 6. Existing assets of Bellford Village Water District, including cash on hand and monies due but uncollected, and all property, real or personal acquired by San Marcos County Wate~ District shall be used for the ex- clusive benefit of the territory described in Exhibit "B". 7. San Marcos County Water District shall continue to perform the obliga- tions imposed upon it by the certain Agreement of Acquisition of Pipelines between Bellford Village Water District and San Marcos County Water District dated October 7, 1957, except that any funds that would otherwise be payable -1- Resol uti on No. 505 Exhibit "A" thereunder by San Marcos County Water District to Bellford Village Water District shall be used only for the purposes set forth in sub- paragraph 6 above and for administrative costs related to the territory described in Exhibit "B". 8. The San Marcos County Water District, as the successor District shall not have the rights to issue and sell authorized but unissued bonds of the Bellford Village Water District. 9. Upon the effective date of said dissolution, that portion of the territory of Bellford Village Water District described in Exhibit "C" shall be annexed to Improvement District No. 1, Number 2 and Number 4 of Carlsbad Municipal Water District and shall be thereafter liable for such taxes, assessments, service charges, rentals, or rates as may be necessary to provide payment for any obligations of said improvement districts. (G.C. ~ 56013; G.C. ~ 56470 (e)). lO. Except as otherwise specified in these terms and conditions, all property and funds of Bellford Village Water District shall be transferred to San Marcos County Water District without restrictions, and any "remaining assets" of Bellford Village Water District, as said terms are used in Sections 56506 and 56507 of the Government Code, shall be retained by San Marcos County Water District and shall not be distributed as provided in said Sections. G.C. ~ 56470/ 11. All special processing fees and costs (including legal, consulting, engineering and all costs associated with winding up the affairs of the Bellford Village Water District) shall be paid by the San Marcos County Water District from acquired Bellford Village Water District funds. 12. To the extent that additional funds other than those otherwise available from Bellford Village Water District are needed, San Marcos County Water District shall have the authority and may levy taxes, charges and assess- ments as otherwise permitted by law to pay any liabili ties of Bell ford Village Water District established by a judgement of a court of competent jurisdiction entered after the effective date of said dissolution. 13. A Terminating audit of the Bellford Village Water District shall be con- ducted by the San Diego County Auditor. -2- RESOLUTION NO. 505 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT REQUESTING TERMS AND CONDITIONS FOR THE DISSOLUTION OF BELLFORD VILLAGE WATER DISTRICT WHEREAS, the Board of Directors of the San Marcos County Water District has been advised that the landowners within Bellford Village Water District, a -- landowner-voter District, petitioned for dissolution of the Bellford Village Water District by reason of inactivity pursuant to Section 56174 of the Government Code of the State of California; and WHEREAS, the Board of Directors of the San Marcos County Water District desires to express approval of the proposed dissolution of the Bellford Village Water District subject to the terms and conditions as described herein, pursuant to the California Government Code Section 56000 et seq. in general and Sections 56472 and 56275 in particular; and WHEREAS, the Board of Directors of the San Marcos County Water District has heretofore requested terms and conditions for the dissolution of Bellford Village Water District in Resolution No. 474, dated June 5, 1978; and WHEREAS, changed conditions necessitate a revision of the terms and conditions for the dissolution of Bellford Village Water District from those speci- fied in District Resolution No. 474. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1: SAN MARCOS COUNTY WATER DISTRICT Resolution No. 474 of June 5, 1978, is hereby revoked. Section 2: The Board of Directors of the San Marcos County Water District desires that the Local Agency Formation Commission approve the dissolution of the Bellford Water District subject to the terms and conditions set forth in Exhibit "A" attached hereto and incorporated herein. Section 3: The Secretary of the District is hereby authorized and directed to furnish a certified copy of this Resolution to the Local Agency Formation Commission. -1- Resolution No. 505 PASSED, ADOPTED AND APPROVED at a regular meeting of the Board of Directors of the San Marcos County Water District held on December 18, 1978, by the following roll call vote: AYES: Directors: Keebaugh, Smith, Ferguson, Mahr, Blanchard NOES: Di rectors: None ABSTAIN: Di rectors: None ABSENT: Directors: None ATTEST: -2- That part of Bellford Village Water District lying within Carlsbad Municipal Water District . All. that portion of Section 30, Township 12 South, Range 3 West and of Sections 25 and 36, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to U.S. Government Survey, described as follows: Beginning at the Northwest corner of said Section 30; 1. Thence along the Westerly line thereof, South'O°51'37" West, .1738.23 feet; 2. Thence South '21°16' East, 57.19 feet to a point on the arc of a non-tangent 500 foot radius curve!concave Northerly, a radial line to said point bears South 22°30'38'' East; 3. Thence EaSterly along the arc of said curve through a 'central angle of 6°04'22'', a distance of 53 feet; 4. Thence North 61°25' East, 141.60 feet; 5. Thence South 28°35' East, 359.59 f.-..~et to the beginning of a tangent 1330-foot radius curve co~cave Northeasterly; 6. Thence Southeasterly along the arc of said curve through a central angle of 40029'30'' a distance of 939.93 feet; 7. Thence South 69o04'30'' East, 42.00 feet; 8. Thence South 20°55'30'' West, 75 feet to the beginning of a tangent 500 foot radius curve concave Westerly; 9. Thence Southerly along the arc of said curve through a central angle of 2°28'03'' a distance of 21.53 feet; ' 10. Thence South 23°23'33'' West, a distance of 257.18 feet to the beginning of a tangent 500 foot radius curve concave Easterly; 11. Thence SoUtherly along the arc of said curve through a central angle of 2°28'03'', a distance of 21.53 feet; 12. Thence South 20o55'30'' West, 1'279.92 feel to the beginning of a tangent 1030 foot radius curve concave Northwesterly; EXHIBIT APR 2 5 1979 9 13. Thence Southwesterly along the arc of said curve through a central angle of 12°09'20'' a distance of 218.52 feet to a point through which a radial line bears South 56°55'10'' East, said point being also on the Northerly right of way ·line of that certaih 200 foot strip of land conveyed to the San Diego Gas and Electric Co. by Deed recorded May .12, 1954 as Document No. 62394 in Book 5235, page 130 of Official Records of said County; 14. Thence along said Northerly line North 64~13'44'' West, 479.94 feet to an intersection with the Easterly line of Section 25, Township 12 South, Range 4 West, S.B.B. & M.; 15. 'Thence Southerly along said Easterly line and along the Easterly line of Section 36 of said Township and Range, to the Southerly line of the North half of the Northeast quarter of SeCtion 36; 16. Thence Westerly along said line to the North and South center line of said Section 36; 17~ Thence Northerly along said line to the Northerly line of said Section 36; 18. Thence Easterly along said Northerly line to'Easterly line of the West'half of the Southeast quarter of said 'Section 25; 19. Thence Northerly along said Easterly line to a point distant South 0°48'09'' West, 877.51 feet from the Northeast corner of said West half of the Southeast quarter being also a point on the Northerly right of way line of said 200 foot strip of land conveyed to San Diego Gas and Electric Co.; 20. Thence along said Northerly line, North 64°13'44'' West, 71.28 feet; .;..?~ 21. Thence North 60°37'21'' West, 513.45 feet to 6he Southeasterly line of parcel 1 in Deed to San Diego Gas and Electric Co. recorded September 11, 1968, File/page 156163, records of said County; 22. Thence leaving said Northerly right of way line and along the boundary of said pracel 1 North 29022'39" East (Record North 29°23'39'' East) 345 feet; APR 2 5 1979 9 23. Thence continuing along the boundary of said parcel 1, North 60°37'21'' West (record North 60°36'27'' West), 265 feet; 24. Thence South 29°22'39'' Wesk (record South 29°23'33" West), 135.63 feet to the Northeast corner of parcel 2 of said Deed recorded September 11, 1968; 25. Thence North 60°37'21'' West (record North 60°36'27'' West~ along the Northeasterly line of said parcel 2 and along the Northeasterly line of land conveyed to Carlsbad Municipal Water District by Deed recorded May 8, 1968, File/page 76854, a distance of 297.75 feet to the Easterly line of Alga Road as shown on La Costa Meadows Unit No. 1, according to Map thereof.No. 6800 filed in the County Recorder's Office of said County; 26. Thence South 33°58'33'' West,'l.60 feet to the beginning of a tangent 1051 foot radius curve concave Northwesterly; 27. Thence Southwesterly along the arc of said curve through a central angle of 11°32'03'' a distance of 211.58 feet to an intersection with the Northeasterly line of the aforesaid 200 foot strip of land deeded to San Diego Gas and Electric Co.; 28'. Thence along said line~ North 60°37'21"West, 656.31 feet to an intersection with the Northerly line of the Northeast quarter of the Southwest quarter of said Section 25; 29.' Thence along said Northerly line, South 89°13'54'' East, 305.60 feet to the North and South center line of said Section 25; 30. Thence Northerly along said center line to the North line thereof; 31. Thence Easterly along said Northerly line to the point of beginning. APR 2 5 1979 9